AC6 XML Schema User Guid - CFR · 2020. 11. 16. · 4 1 INTRODUCTION 1.1 DOCUMENT PURPOSE The aim...

DAC6 XML Schema User Guide

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Table of Contents

1 INTRODUCTION .............................................................................................................................4

1.1 Document Purpose ...............................................................................................................................4

2 DAC6 XML SCHEMA INFORMATION .......................................................................................5

2.1 Message Version (attributes) ...............................................................................................................5

2.2 Message Header ...................................................................................................................................6

2.3 VersionTimestamp ...............................................................................................................................7

2.4 ArrangementID ....................................................................................................................................7

2.5 Message Body (DAC6Disclosure) .......................................................................................................9

2.5.1 Disclosing .............................................................................................................................. 12

2.5.2 Relevant TaxPayer ................................................................................................................. 13

2.5.3 Intermediary ........................................................................................................................... 14

2.5.4 Disclosure Information .......................................................................................................... 15

2.5.5 Common Types ...................................................................................................................... 17

2.5.5.1 Person or Organisation Type............................................................................................. 17

2.5.5.2 Person Type (Individual) .................................................................................................. 19

2.5.5.3 NamePerson Type ............................................................................................................. 21

2.5.5.4 Organisation Type ............................................................................................................. 23

2.5.5.5 Address Type .................................................................................................................... 25

2.5.5.6 Affected Person Type ....................................................................................................... 26

2.5.5.7 Associated Enterprise Type .............................................................................................. 26

2.5.5.8 Liability Type ................................................................................................................... 27

2.5.5.9 National Exemption Type ................................................................................................. 29

2.5.5.10 Summary Type .................................................................................................................. 30

2.5.5.11 Arrangement Chart Type .................................................................................................. 31

2.5.5.12 Hallmarks Type ................................................................................................................. 32

2.5.5.13 ListHallmarks Type .......................................................................................................... 33

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List of Figures

Figure 1: DAC6 Arrangement Diagram ................................................................................................................ 5

Figure 2: DAC6 Header Diagram .......................................................................................................................... 6

Figure 3: DAC6 Disclosure Diagram .................................................................................................................... 9

Figure 4: DAC6 Disclosing Diagram ...................................................................................................................12

Figure 5: DAC6 Relevant Taxpayer Diagram ......................................................................................................13

Figure 6: DAC6 Intermediary Diagram ................................................................................................................14

Figure 7: DAC6 Disclosure Diagram ...................................................................................................................15

Figure 8: DAC6 Person or Organisation Type Diagram .......................................................................................17

Figure 9: DAC6 Person Type Diagram ................................................................................................................19

Figure 10: DAC6 NamePerson Type Diagram .....................................................................................................21

Figure 11: DAC6 Organisation Type Diagram .....................................................................................................23

Figure 12: DAC6 Address Type Diagram ............................................................................................................25

Figure 13: DAC6 Affected Person Type Diagram ...............................................................................................26

Figure 14: DAC6 Associated Enterprise Type Diagram ......................................................................................26

Figure 15: DAC6 Liability Type Diagram ...........................................................................................................27

Figure 16: DAC6 National Exemption Type Diagram .........................................................................................29

Figure 17: DAC6 summary Type Diagram ..........................................................................................................30

Figure 18: DAC6 Arrangement Chart Type Diagram ..........................................................................................31

Figure 19: DAC6 Hallmarks Type Diagram .........................................................................................................32

Figure 20: DAC6 List Hallmarks Type Diagram .................................................................................................33

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1 INTRODUCTION

1.1 DOCUMENT PURPOSE

The aim of this document is to provide a user guide for the XML Schema of Council Directive (EU)

2018/822 (‘DAC6’). It explains the information required to be included in each element to be reported

in the DAC6 XML Schema.

The current version is based on the EU Commission DAC6 XSD Schema v3.02.

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2 DAC6 XML SCHEMA INFORMATION

The DAC6 XML Schema Information sections are:

• The Message Header with the sender, recipient(s), Message Identification, Timestamp and

language of the message;

• The ArrangementID which eventually links the DAC6 Disclosures contained in the

DAC6Disclosures with an existing Arrangement.

• The DAC6Disclosures containing the information to be reported. This section is divided into five

subsections:

1. Disclosing containing information on the identity and the relevant nexus of the disclosing

person in relation to the Disclosure;

2. Relevant Taxpayer containing information on the identity of the Taxpayer in respect of the

Disclosure;

3. Intermediaries setting out other Intermediaries that were involved in the promotion or

implementation of the Disclosure;

4. Disclosure containing details on the features and all hallmarks of the disclosed Disclosure;

5. Common Types containing details on the types used in the previous sections.

Figure 1: DAC6 Arrangement Diagram

2.1 MESSAGE VERSION (ATTRIBUTES) The following versioning mechanism applies to the XML schema:

• The root element of the XML schema has its version attribute set to the actual version number of

the schema, including its major and minor version numbers. The minor number is incremented

whenever a change is made to the schema that is compatible with existing XML documents built

with the previous schema version;

• The major version number is modified only when a schema modification is incompatible with XML

documents built according to the rules of the previous schema version. As each namespace name

includes the major version number of the elements it defines, existing XML instance documents

have to be validated against the XML schema used to build these documents while new documents

have to be validated against the new release of the schema.

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2.2 MESSAGE HEADER Information in the message header identifies the Member State that is sending the message. It specifies

when the message was created, the language and the national ID of the message.

Figure 2: DAC6 Header Diagram

Element Attribute Size Input_Type Requirement

TransmittingCountry - 2-

character

iso:CountryCode_Type Mandatory

The TransmittingCountry element identifies the Member State transmitting the message. It uses the 2-

character alphabetic country code and country name list based on the ISO 3166-1 Alpha 2 standard.

For domestic reporting this should be ‘MT’.


ReceivingCountries - 2-

character

iso:CountryCode_Type Optional

The ReceivingCountries element identifies all countries which the message is for. This element is

optional and repeatable. It is not required for domestic reporting.


MessageRefId - 1 to 200

characters

dac6:StringMin1Max200_Type Mandatory

This data element is a free text field capturing the sender’s unique identifying number (created by the

sender) that identifies the particular message being sent. The identifier allows both the sender and

receiver to identify the specific message later if questions or corrections arise.

The MessageRefId element contains a unique identifier for the message. This is limited to a maximum

of 200 characters. The following characters are allowed for the element: from a to z, from A to Z, from

0 to 9, minus, underscore, colon, at-sign (@) and the dot. The first two characters of the element must

be the country code present in the TransmittingCountry element.

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Timestamp - - xsd:dateTime Mandatory

This data element identifies the date and time when the message was created.

The format to be used is YYYY-MM-DDThh:mm:ss.SSS.

Where:

• YYYY: represents the year;

• MM: represents the month;

• DD: represents the day;

• T is a fixed separator;

• hh: represents the hours;

• mm: represents the minutes;

• ss: represents the seconds;

• SSS: represents the milliseconds.

It is worth mentioning that:

• The default time zone is “CET” (Central European Time);

• A different time zone cannot be provided.

2.3 VERSIONTIMESTAMP This element refers to the version of the Arrangement.


VersionTimestamp - - xsd:dateTime Optional

This data element is not required for domestic reporting.

2.4 ARRANGEMENTID This element refers to the Arrangement to which the message refers.


ArrangementID - - xsd:string (17Char) Optional

The ArrangementID is issued by the Office of the Commissioner for Revenue on the initial disclosure

of an arrangement. Any changes in the arrangement, including the submission of additional disclosures,

are to be reported using the same ArrangementID. It is the responsibility of the first discloser to provide,

upon request, this reference to other involved parties in the arrangement for further disclosures.

The A-ID is a 17-character code, structured as follows:

CCAYYYYMMDDXXXXXX where:

• CC contains the ISO country code of the Member State where the Intermediary or Taxpayer

has submitted the first Disclosure of the Arrangement. Possible values are:

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o AT, BE, BG, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IT, LT, LU,

LV, MT, NL, PL, PT, RO, SE, SI, SK.

• A contains the letter “A” (Arrangement);

• YYYYMMDD contains the issuing date of the Arrangement-ID;

• XXXXXX can be any combination of Capital letters (A-Z) and numbers (0-9).

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2.5 MESSAGE BODY (DAC6DISCLOSURE) The DAC6Disclosure contains the information on the identity and nexus of the disclosing person with

respect to the Disclosure, the information on the identity of the Relevant Taxpayer, the information on

the identity and role of any Intermediaries, as well as information on the structure and features of the

Disclosure.

Figure 3: DAC6 Disclosure Diagram


- GDPRUpdated - xsd:boolean Optional

This element is not required for domestic reporting.

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DisclosureID - - xsd:string (17Char) Optional

This element allows the sender of the message to identify the Disclosure. The DisclosureID is issued

by the Office of the Commissioner for Revenue on the submission of a valid disclosure. Any changes

to the disclosure are to be reported using the same DisclosureID.

The Disclosure-ID is a 17-character code, structured as follows:

CCDYYYYMMDDXXXXXX where

• CC contains the ISO country code of the Member State where the Intermediary or the

Taxpayer has submitted the Disclosure. Possible values are:

o AT, BE, BG, CY, CZ, DE, DK, EE, ES, FI, FR, GR, GB, HR, HU, IE, IT, LT, LU,

LV, MT, NL, PL, PT, RO, SE, SI, SK.

• D contains the letter “D” (Disclosure);

• YYYYMMDD contains the issuing date of the Disclosure-ID;

• XXXXXX can be any combination of Capital letters (A-Z) and numbers (0-9).


DisclosureDocRefID - - xsd:string (50Char) Mandatory

The DisclosureDocRefID is required only for domestic reporting. This is a unique identifier created by

the sender to uniquely identify a disclosure. This reference should be unique for each submission.


DisclosureImportInstruction - - dac6:DisclosureVersion

_EnumType

Mandatory

The value of this element indicates if the disclosure is new or an update. This element can only be set

to one of the following values:

• DAC6INI: Create new Disclosure

• DAC6UPD: Update/Correct an existing submitted Disclosure.

• DAC6UNCH: Not used for domestic reporting

• DAC6EXP: Not used for domestic reporting


Language - 2-character iso:LanguageCode_Type Optional

This data element specifies the language in which the content of the DAC6 Disclosure is being

provided, by indicating the relevant language code pursuant to ISO 639 – Part 1 (ISO 639-1:2002).

Where it is not possible to submit certain elements within the Disclosure (e.g. an address or a name of

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an Intermediary) in the language indicated above, the language in which these specific elements are

provided may be indicated as an attribute to each of these elements.


Disclosing - - dac6:Disclosing_Type Mandatory

This element contains identification information on the disclosing person, as well as its nexus with

regards to the Disclosure.


InitialDisclosureMA - - xsd:Boolean Mandatory

This Boolean element is used to identify the first Disclosure of a Marketable Arrangement which only

contains the “structure”. In principle, it does not contain the list of taxpayers but, depending on the

marketing time, it might include an initial set of taxpayers.

If InitialDisclosureMA is set to true, the Disclosure will be considered as the first Disclosure of a

Marketable Arrangement. The default value is false.


RelevantTaxPayer - - dac6:TaxPayer_Type Optional

This repeatable element contains information on the identity of the one or more Relevant Taxpayers

with respect to the Disclosure. This element is optional, but only in the case where InitialDisclosureMA

value is set on true.

This element refers to Article 8ab(14)(a) of the Directive 2018/822/EU.


Intermediaries - - dac6: Intermediary_Type Optional

This repeatable element contains information on the identity and roles of any Intermediaries with

respect to the Disclosure.

This element refers to Article 8ab(14)(a) of the Directive 2018/822/EU.

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AffectedPerson - - dac6:AffectedPerson_Type Optional

This repeatable element contains information on the identity of any other affected person with respect

to the Disclosure.

This element refers to Article 8ab(14)(h) of the Directive 2018/822/EU.


DisclosureInformation - - dac6:DisclosureInformation_Type Optional

This element contains detailed information on the structure and features of the Disclosure. This element

is optional and will not be taken into account in case of a subsequent Disclosure of a marketable

Arrangement; in any other case, (initial Disclosure of a marketable Arrangement or Disclosure related

to a bespoke Arrangement), the DisclosureInformation element must be declared.

2.5.1 Disclosing

Figure 4: DAC6 Disclosing Diagram


ID - - dac6:PersonOrOrganisation_Type Mandatory

This element contains the identification information on an Intermediary or RelevantTaxpayer with

respect to the Disclosure, in accordance with the Individual or Organisation types.

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Liability - - dac6:Liability_Type Optional

In case the Disclosing person (Intermediary or RelevantTaxpayer) is liable to file information on

reportable cross-border arrangements with the competent authorities of more than one Member State,

this element clarifies the reason why information will be filed only to the competent authority of the

selected Member State.

2.5.2 Relevant TaxPayer

Figure 5: DAC6 Relevant Taxpayer Diagram



This element contains the identification information on a Taxpayer with respect to the Disclosure, in

accordance with the Individual or Organisation types.


TaxpayerImplementingDate - - xsd:date Optional

This optional element contains the date on which the first step in implementing the Marketable

Arrangement has been made or will be made for each of the taxpayers to whom the Marketable

Arrangement has been sold.

This element refers to Article 8ab(14)(d) of the Directive 2018/822/EU and it is only used in case of

Marketable Arrangements.

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AssociatedEnterprise - - dac6:AssociatedEnterprise_Type Optional

This repeatable element contains information on the identity of one or more organisations or individuals

with respect to the associated Relevant Taxpayer at the above level.

2.5.3 Intermediary

Figure 6: DAC6 Intermediary Diagram



This element contains the identification information on an Intermediary with respect to the Disclosure,

in accordance with the Individual or Organisation types.


Capacity - - dac6:IntermediaryCapacity_EnumType Optional

This element indicates the capacity of the Intermediary with respect to the Disclosure. In line with the

Disclosure rules, this capacity can be that of a “Designer / Promoter / Implementation

(managing/organizing/executing)” or “Service Provider / Assistant”. As such, the allowed entries are:

• DAC61101 – Designer / Promoter / Implementation (managing/organizing/executing);

• DAC61102 – Service Provider / Assistant.


NationalExemption - - dac6:NationalExemption_Type Optional

This element indicates if and in which Member State(s), an Intermediary is exempt from declaring a

Disclosure.

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2.5.4 Disclosure Information

Figure 7: DAC6 Disclosure Diagram


ImplementingDate - - xsd:date Mandatory

This element specifies the date on which the first step in the implementation of the reportable cross-

border arrangement has been made or will be made. This element refers to Art.8ab(14)(d) of the

Directive 2018/822/EU.


Reason - - dac6:DisclosureReason_EnumType Optional

This element indicates the event that triggered the obligation to disclose. The allowed entries are:

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• DAC6701 - Arrangement is made available for implementation;

• DAC6702 - Arrangement is ready for implementation;

• DAC6703 - First step in the implementation of the Arrangement has been made or will be

made;

• DAC6704 - Provision of aid, assistance or advice.

These values are defined under the Article 8ab(1) of the Directive 2018/822/EU.


Summary - - dac6:Summary_Type Mandatory

The summary element allows the free narrative description of an Arrangement.

This element refers to Art. 8ab(14)(c) of the Directive 2018/822/EU.


NationalProvision Language - dac6:StringMin1Max4000_Type Mandatory

This repeatable element details the national provisions that form the basis of the reportable cross-border

arrangement.

This element refers to Article 8ab(14)(e) of the Directive 2018/822/EU.


Amount_Type currCode - xsd:integer Mandatory

This element allows to specify the value of the reportable cross-border Disclosure. The “currCode”

attribute provides the currency code of the value.

This element refers to Art. 8ab(14)(f) of the Directive 2018/822/EU.


ArrangementChart - - dac6:ArrangementChart_Type Optional

This element contains detailed information on the structure and features of the disclosed Arrangement.


ConcernedMS - - iso:MSCountryCode_Type Mandatory

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This repeatable element represents the Identification of the Member State of the relevant taxpayer(s)

and any other Member States which are likely to be concerned by the reportable cross-border

arrangement.

This element refers to Art. 8ab(14)(g) of the Directive 2018/822/EU.


MainBenefitTest1 - - xsd:boolean Mandatory

This element represents the “Main Benefit Test 1” making the following hallmarks available:

A – B – C1bi – C1c – C1d.

This element refers to Annex IV Part I of the Directive 2018/822/EU.


Hallmarks - - dac6: Hallmarks_Type Mandatory

This element allows the reportable cross-border arrangement to be depicted as a (logical) structure, in

addition to the narrative description of the arrangement.

This element refers to Annex IV Part II of the Directive 2018/822/EU.

2.5.5 Common Types

2.5.5.1 Person or Organisation Type

In all instances where identification information is required to be provided with respect to a Relevant

Taxpayer or Intermediary or Affected Person or Disclosing Person in the DAC6 XML, a choice

between Individual and Organisation is to be made in order to determine the detailed information to be

entered.

Figure 8: DAC6 Person or Organisation Type Diagram

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Individual - - dac6:Person_Type Mandatory

This element is used to provide identification information on individuals that are either the Disclosing

Person, the taxpayer, an Affected Person or an Intermediary.


Organisation - - dac6:Organisation_Type Mandatory

This element is used to provide identification information on non-individuals that are either the

Disclosing Person, the taxpayer, Affected Person or an Intermediary.

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2.5.5.2 Person Type (Individual)

Figure 9: DAC6 Person Type Diagram


IndividualName - - dac6:NamePerson_Type Mandatory

This element is used to spread the data about the name of an individual over up to six elements.


BirthDate - - xsd:date Mandatory

This element is used to provide the birthdate of an individual.

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BirthPlace - 1 to 200

characters


This element is used to provide the birthplace of an individual.


TIN issuedBy 1 to 200

characters

dac6:TIN_Type Optional

This repeatable data element provides the tax identification number (TIN) issued by the tax

administration of the Member State of residence of the relevant taxpayer or intermediary. The

“issuedBy” attribute provides the Country of issuance of the TIN.

Please note that this element is optional only in case the TIN is unknown. In all other cases it must

be provided.


Address - - dac6:Address_Type Optional

This element is used to provide the address of an individual.


EmailAddress - - dac6:StringMin1Max4000_Type Optional

This element is used to provide the email address of an individual.


ResCountryCode - 2-character iso:CountryCode_Type Mandatory

This data element describes the tax residence country code of the individual.

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2.5.5.3 NamePerson Type

This data element allows the reporting of the name of an individual in the most detailed way.

Figure 10: DAC6 NamePerson Type Diagram

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PrecedingTitle - 1 to 200

characters

dac6:StringMin1Max200_Type Optional


Title - 1 to 200

characters



FirstName - 1 to 200

characters



MiddleName - 1 to 200

characters



NamePrefix - 1 to 200

characters



LastName - 1 to 200

characters



GenerationIdentifier - 1 to 200

characters



Suffix - 1 to 200

characters



GeneralSuffix - 1 to 200

characters


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2.5.5.4 Organisation Type

This complex type is used to identify non-individual Taxpayers and Intermediaries (e.g. corporates,

trusts, partnerships etc.). It comprises the following data elements:

Figure 11: DAC6 Organisation Type Diagram


OrganisationName language 1 to 200

characters


This element should contain the full legal name of the Taxpayer or Intermediary, including the domestic

designation for the legal form, as indicated in its articles of incorporation or any similar document. The

language in which the name was entered can be specified in the language attribute.

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TIN issuedBy 1 to 200

characters

dac6:TIN_Type Optional

This repeatable data element provides the tax identification number (TIN) of the Relevant Taxpayer or

Intermediary. The TIN of an organisation is mandatory if existing. The “issuedBy” attribute

provides the Country of issuance of the TIN.


Address - - dac6:Address_Type Optional

This element is used to provide the address of an organisation.


EmailAddress - - dac6:StringMin1Max4000_Type Optional

This element is used to provide the email address of an organisation.


ResCountryCode - 2-character iso:CountryCode_Type Mandatory

This element describes the tax residence country code of the organisation (Intermediary or Relevant

Taxpayer).

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2.5.5.5 Address Type

Figure 12: DAC6 Address Type Diagram


Street - - dac6:StringMin1Max400_Type Optional

BuildingIdentifier - - dac6:StringMin1Max400_Type Optional

SuiteIdentifier - - dac6:StringMin1Max400_Type Optional

FloorIdentifier - - dac6:StringMin1Max400_Type Optional

DistrictName - - dac6:StringMin1Max400_Type Optional

POB - - dac6:StringMin1Max400_Type Optional

PostCode - - dac6:StringMin1Max400_Type Optional

City - - dac6:StringMin1Max400_Type Mandatory

Country - - iso:CountryCode_Type Mandatory

This element is used to provide information about the address of a person, either individual or

organisation.

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2.5.5.6 Affected Person Type

Figure 13: DAC6 Affected Person Type Diagram


AffectedPersonID - - dac6:PersonOrOrganisation_Type Mandatory

This element is used to provide Identification information about a person, either individual or

organisation, affected by the Disclosure.

This element refers to Art. 8ab(14)(h) of the Directive 2018/822/EU.

2.5.5.7 Associated Enterprise Type

Figure 14: DAC6 Associated Enterprise Type Diagram


AssociatedEnterpriseID - - dac6:PersonOrOrganisation_Type Mandatory

This element is used to provide Identification information about a person, either individual or

organisation, associated to a Relevant Taxpayer.

This element refers to Art. 8ab(14)(a) of the Directive 2018/822/EU.

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AffectedPerson - - xsd:boolean Mandatory

This Boolean element is used to add the “Affected Person” status to a specific Associated Enterprise

with respect to the Disclosure.

2.5.5.8 Liability Type

Figure 15: DAC6 Liability Type Diagram


IntermediaryNexus - - dac6:IntermediaryNexus_

EnumType

Mandatory

In case the Intermediary is liable to file information on reportable cross-border arrangements with the

competent authorities of more than one Member State, this element clarifies the reason for which the

information will be filed only to the competent authority of the selected Member State.

The allowed values are:

• INEXa – The Member State where the intermediary is resident for tax purposes;

• INEXb – The Member State where the intermediary has a permanent establishment through

which the services with respect to the arrangement are provided;

• INEXc – The Member State where the intermediary is incorporated in or governed by the laws

of;

• INEXd – The Member State where the intermediary is registered with a professional

association related to legal, taxation or consultancy services.

These values are defined under the Article 8ab paragraph 3 of the Directive 2018/822/EU.


Capacity - - dac6:IntermediaryCapacity_EnumType Optional

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This element indicates the role of the Intermediary with respect to the Disclosure. In line with the

Disclosure rules, this role can be that of a Designer / Promoter / Implementation

(managing/organizing/executing) or Service Provider / Assistant. As such, the allowed entries are:

• DAC61101 – Designer / Promoter / Implementation (managing/organizing/executing);

• DAC61102 – Service Provider / Assistant.


RelevantTaxpayerNexus - - dac6:RelevantTaxpayerNexus_

EnumType

Mandatory

In case the Relevant taxpayer is liable to file information on reportable cross-border arrangements with

the competent authorities of more than one Member State, this element clarifies the reason for which

the information will be filed only to the competent authority of the selected Member State. The allowed

values are:

• RTNEXa – The Member State where the relevant taxpayer is resident for tax purposes;

• RTNEXb – The Member State where the relevant taxpayer has a permanent establishment

benefiting from the arrangement;

• RTNEXc – The Member State where the relevant taxpayer receives income or generates

profits, although the relevant taxpayer is not resident for tax purposes and has no permanent

establishment in any Member State;

• RTNEXd – The Member State where the relevant taxpayer carries on an activity, although the

relevant taxpayer is not resident for tax purposes and has no permanent establishment in any

Member State.

These values are defined under the Article 8ab paragraph 7 of the Directive 2018/822/EU.


Capacity - - dac6:TaxpayerCapacity_EnumType Optional

This element indicates the role of the Taxpayer with respect to the Disclosure. In line with the

Disclosure rules, this role can be that of a Professional secrecy, Intermediary in non-EU country or In

house Arrangement. As such, the allowed entries are:

• DAC61104 – Professional secrecy of intermediary;

• DAC61105 – Intermediary in non-EU country;

• DAC61106 – In-house Arrangement.

These values are defined under the Article 8ab(6) of the Directive 2018/822/EU.

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2.5.5.9 National Exemption Type

Figure 16: DAC6 National Exemption Type Diagram


Exemption - - xsd:boolean Mandatory

This element shows whether an Intermediary is exempt or not from the obligation to report.


CountryExemptions - 2-character iso:CountryCode_Type Optional

This repeatable element is used to show in which Member States the Intermediary is exempt from the

obligation to report (Exemption is set to true).

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2.5.5.10 Summary Type

Figure 17: DAC6 summary Type Diagram


Disclosure_Name - 1 to 400

characters


This element is used to provide an understandable name to the Disclosure.


Disclosure_

Description

Language 1 to 4000

characters

dac6:StringMin1Max4000WithLang_

Type

Mandatory

This repeatable element permits the narrative description of the Disclosure, including a description of

the features of the arrangement in a free text format.

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2.5.5.11 Arrangement Chart Type

This element allows the Arrangement to be depicted as a (logical) structure, in addition to the narrative

description of the arrangement, where the disclosing person considers this helpful for the undertaking

of the arrangement. It allows the depiction of each entity or individual involved in the arrangement,

including its ownership (in percent) and the amounts invested with respect to that entity or individual

for the arrangement. It also allows to further describe the role, capital and cash flow at each level of the

structure.

For the purpose of entering the Arrangement chart information, the starting point is the Relevant

Taxpayer, and its investments and/or ownership in other persons, as the top of the Arrangement chart.

The Arrangement chart can then be extended to sub-levels, as required, by repeating the

ArrangementChart element as so-called “Children”.

Figure 18: DAC6 Arrangement Chart Type Diagram



This element contains the identification information on each organisation or individual that is relevant

to describe the structure of the Arrangement, in accordance with the Person or Organisation types set

out above.


Ownership - - dac6:Percentage_Type Optional

This element allows the specification of the ownership in the entity in percentages, by indicating a

number between 0 and 100. It is not to be provided for the top level ArrangementChart element.

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InvestAmount currCode - dac6:Amount_Type Optional

This element allows the specification of the investment amount in the entity in full units, (i.e. without

decimals). It is not to be provided for the top-level ArrangementChart element. The “currCode”

attribute provides the currency code of the amount.


OtherInfo Language - dac6:StringMin1Max4000WithLang_Type Optional

This element allows to specify, for each organisation or individual in the Arrangement chart, any

relevant information with respect to the role of the organisation or individual, as well as the link with

the lower level organisation or individual. Such information could for instance include details on the

contractual or legal arrangements, the capital invested, the annual cash flows and the nature of the link

between two levels (e.g. shareholder, beneficiary of trustee, agent, etc.). It is a repeatable element in a

free text format of 4000 characters each.


ListChilds - - dac6: ArrangementChart_Type Optional

This element allows the creation of the lower level of sub elements of an organisation or individual in

the Arrangement chart (e.g. to depict an entity completely owned by the Relevant Taxpayer). It is to be

provided only when a previously entered Arrangement Chart has children.

2.5.5.12 Hallmarks Type

This type considers the list of hallmarks applicable to the Disclosure.

Figure 19: DAC6 Hallmarks Type Diagram

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ListHallmarks - - dac6: ListHallmarks_Type Mandatory

This element lists the hallmarks which are applicable to the Disclosure.


DAC6D1OtherInfo Language - dac6:

StringMin1Max4000WithLang_Type

Optional

This repeatable element depicts the explanation to be provided by the disclosing person when the

hallmark DAC6D1Other (“Other”) is selected. This element is repeatable to allow providing the

explanations in several languages.

2.5.5.13 ListHallmarks Type

This type considers all possible hallmarks as listed in the COUNCIL DIRECTIVE (EU) 2018/822

ANNEX IV Part II.

Figure 20: DAC6 List Hallmarks Type Diagram


Hallmark - - dac6:HallmarkEnum_Type Mandatory

This repeatable element depicts the hallmark as described in the directive. The allowed values are:

• DAC6A1 - An arrangement where the relevant taxpayer or a participant in the arrangement

undertakes to comply with a condition of confidentiality which may require them not to

disclose how the arrangement could secure a tax advantage vis-à-vis other intermediaries or

the tax authorities;

• DAC6A2a - An arrangement where the intermediary is entitled to receive a fee (or interest,

remuneration for finance costs and other charges) for the arrangement and that fee is fixed by

reference to the amount of the tax advantage derived from the arrangement;

• DAC6A2b - An arrangement where the intermediary is entitled to receive a fee (or interest,

remuneration for finance costs and other charges) for the arrangement and that fee is fixed by

reference to whether or not a tax advantage is actually derived from the arrangement. This

would include an obligation on the intermediary to partially or fully refund the fees where the

intended tax advantage derived from the arrangement was not partially or fully achieved;

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• DAC6A3 - An arrangement that has substantially standardised documentation and/or structure

and is available to more than one relevant taxpayer without a need to be substantially

customised for implementation;

• DAC6B1 - An arrangement whereby a participant in the arrangement takes contrived steps

which consist in acquiring a loss-making company, discontinuing the main activity of such

company and using its losses in order to reduce its tax liability, including through a transfer of

those losses to another jurisdiction or by the acceleration of the use of those losses;

• DAC6B2 - An arrangement that has the effect of converting income into capital, gifts or other

categories of revenue which are taxed at a lower level or exempt from tax;

• DAC6B3 - An arrangement which includes circular transactions resulting in the round-tripping

of funds, namely through involving interposed entities without other primary commercial

function or transactions that offset or cancel each other or that have other similar features;

• DAC6C1a - An arrangement that involves deductible cross-border payments made between

two or more associated enterprises where the recipient is not resident for tax purposes in any

tax jurisdiction;

• DAC6C1bi - An arrangement that involves deductible cross-border payments made between

two or more associated enterprises where although the recipient is resident for tax purposes in

a jurisdiction, that jurisdiction does not impose any corporate tax or imposes corporate tax at

the rate of zero or almost zero;

• DAC6C1bii - An arrangement that involves deductible cross-border payments made between

two or more associated enterprises where although the recipient is resident for tax purposes in

a jurisdiction, that jurisdiction is included in a list of third-country jurisdictions which have

been assessed by Member States collectively or within the framework of the OECD as being

non-cooperative;

• DAC6C1c - An arrangement that involves deductible cross-border payments made between

two or more associated enterprises where the payment benefits from a full exemption from tax

in the jurisdiction where the recipient is resident for tax purposes;

• DAC6C1d - An arrangement that involves deductible cross-border payments made between

two or more associated enterprises where the payment benefits from a preferential tax regime

in the jurisdiction where the recipient is resident for tax purposes;

• DAC6C2 - Deductions for the same depreciation on the asset are claimed in more than one

jurisdiction;

• DAC6C3 - Relief from double taxation in respect of the same item of income or capital is

claimed in more than one jurisdiction;

• DAC6C4 - There is an arrangement that includes transfers of assets and where there is a

material difference in the amount being treated as payable in consideration for the assets in

those jurisdictions involved;

• DAC6D1a - An arrangement which may have the effect of undermining the reporting

obligation under the laws implementing Union legislation or any equivalent agreements on the

automatic exchange of Financial Account information, including agreements with third

countries, or which takes advantage of the absence of such legislation or agreements. Such

arrangements include the use of an account, product or investment that is not, or purports not

to be, a Financial Account, but has features that are substantially similar to those of a Financial

Account;

• DAC6D1b - An arrangement which may have the effect of undermining the reporting




arrangements include the transfer of Financial Accounts or assets to, or the use of jurisdictions

that are not bound by the automatic exchange of Financial Account information with the State

of residence of the relevant taxpayer;

• DAC6D1c - An arrangement which may have the effect of undermining the reporting



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arrangements include the reclassification of income and capital into products or payments that

are not subject to the automatic exchange of Financial Account information;

• DAC6D1d - An arrangement which may have the effect of undermining the reporting




arrangements include the transfer or conversion of a Financial Institution or a Financial

Account or the assets therein into a Financial Institution or a Financial Account or assets not

subject to reporting under the automatic exchange of Financial Account information;

• DAC6D1e - An arrangement which may have the effect of undermining the reporting




arrangements include the use of legal entities, arrangements or structures that eliminate or

purport to eliminate reporting of one or more Account Holders or Controlling Persons under

the automatic exchange of Financial Account information;

• DAC6D1f - An arrangement which may have the effect of undermining the reporting obligation

under the laws implementing Union legislation or any equivalent agreements on the automatic

exchange of Financial Account information, including agreements with third countries, or

which takes advantage of the absence of such legislation or agreements. Such arrangements

include arrangements that undermine, or exploit weaknesses in, the due diligence procedures

used by Financial Institutions to comply with their obligations to report Financial Account

information, including the use of jurisdictions with inadequate or weak regimes of enforcement

of anti-money-laundering legislation or with weak transparency requirements for legal persons

or legal arrangements;

• DAC6D1Other - Specific hallmarks concerning automatic exchange of information and

beneficial ownership not being explicitly listed in the list of hallmarks D. The list of hallmarks

under D1 is not exhaustive. Therefore, it might be possible to select this item if none of the

specific choices under D1 applies;

• DAC6D2: Covers Hallmarks D2a, D2b and D2c.

o D2a – An arrangement involving a non-transparent legal or beneficial ownership chain

with the use of persons, legal arrangements or structures that do not carry on a

substantive economic activity supported by adequate staff, equipment, assets and

premises;

o D2b - An arrangement involving a non-transparent legal or beneficial ownership chain

with the use of persons, legal arrangements or structures that are incorporated,

managed, resident, controlled or established in any jurisdiction other than the

jurisdiction of residence of one or more of the beneficial owners of the assets held by

such persons, legal arrangements or structures;

o D2c - An arrangement involving a non-transparent legal or beneficial ownership chain

with the use of persons, legal arrangements or structures where the beneficial owners

of such persons, legal arrangements or structures, as defined in Directive (EU)

2015/849, are made unidentifiable.

• DAC6E1 - An arrangement which involves the use of unilateral safe harbour rules;

• DAC6E2: Covers Hallmarks E2a and E2b.

o E2a - An arrangement involving the transfer of hard-to-value intangibles. The term

“hard-to-value intangibles” covers intangibles or rights in intangibles for which, at the

time of their transfer between associated enterprises no reliable comparable exist;

o E2b - An arrangement involving the transfer of hard-to-value intangibles. The term

“hard-to-value intangibles” covers intangibles or rights in intangibles for which, at the

time of their transfer between associated enterprises at the time the transaction was

entered into, the projections of future cash flows or income expected to be derived from

the transferred intangible, or the assumptions used in valuing the intangible are highly

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uncertain, making it difficult to predict the level of ultimate success of the intangible

at the time of the transfer.

• DAC6E3 - An arrangement involving an intragroup cross-border transfer of functions and/or

risks and/or assets, if the projected annual earnings before interest and taxes (EBIT), during the

three-year period after the transfer, of the transferor or transferors, are less than 50 % of the

projected annual EBIT of such transferor or transferors if the transfer had not been made.

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